1. Agreement to Terms

By accessing or using the ModFXMedia website (modfxmedia.com) and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

These terms apply to all visitors, users, and clients of ModFXMedia. We reserve the right to update these terms at any time, and your continued use constitutes acceptance of any changes.

2. Services

ModFXMedia provides digital marketing services including but not limited to:

Search Engine Optimization (SEO)
Paid Media and Advertising Management
Website Design and Development
Brand Strategy and Identity
Content Marketing
Marketing Automation
Analytics and Reporting

Specific services, deliverables, and terms are outlined in individual client agreements and statements of work.

3. Use of Website

You agree to use our website only for lawful purposes. You may not:

Use the website in any way that violates applicable laws or regulations
Attempt to gain unauthorized access to any part of the website
Use automated systems (bots, scrapers) without permission
Transmit malicious code, viruses, or harmful content
Interfere with the proper functioning of the website
Impersonate any person or entity
Collect personal information from other users without consent

4. Intellectual Property

All content on the ModFXMedia website—including text, graphics, logos, images, videos, and software—is the property of ModFXMedia or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any content without prior written permission from ModFXMedia.

Client Work

Intellectual property rights for client projects are governed by individual client agreements. Generally, upon full payment, clients receive rights to use deliverables for their intended purposes.

5. Client Responsibilities

As a client of ModFXMedia, you agree to:

Provide accurate, complete information as requested
Grant necessary access to accounts, platforms, and assets
Review and approve deliverables in a timely manner
Make payments according to agreed terms
Comply with platform terms of service (Google, Meta, etc.)
Ensure content provided does not infringe third-party rights
Communicate feedback and concerns promptly

6. Payment Terms

Payment terms are specified in individual client agreements. General terms include:

Invoices are due within 15 days unless otherwise specified
Retainer services require payment in advance
Late payments may incur interest charges of 1.5% per month
We reserve the right to suspend services for overdue accounts
All fees are non-refundable unless otherwise stated in writing

7. Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the course of the engagement. This includes:

Business strategies and plans
Financial information
Customer and prospect data
Technical processes and methodologies
Any information marked as confidential

Confidentiality obligations survive termination of the business relationship.

8. No Guarantees

While we strive to deliver excellent results, marketing outcomes depend on many factors beyond our control. We do not guarantee:

Specific rankings in search engines
Exact traffic or lead volumes
Particular conversion rates or ROI
Approval of ads by platforms
Performance outcomes in specific timeframes

We provide projections and recommendations based on experience and data, but actual results may vary.

9. Limitation of Liability

To the maximum extent permitted by law, ModFXMedia shall not be liable for:

Indirect, incidental, special, or consequential damages
Loss of profits, revenue, data, or business opportunities
Damages arising from third-party platform changes or policies
Actions taken based on our recommendations

Our total liability for any claims shall not exceed the fees paid by you in the twelve months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless ModFXMedia, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

Your violation of these terms
Your violation of any third-party rights
Content you provide that infringes intellectual property
Your use of our services

11. Termination

Either party may terminate services according to the terms specified in the client agreement. Upon termination:

All outstanding fees become immediately due
We will provide reasonable transition assistance
Client retains rights to completed, paid-for deliverables
Access to accounts and platforms will be transferred
Confidentiality obligations continue

12. Governing Law

These terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Orange County, California, and you consent to personal jurisdiction in such courts.

13. Dispute Resolution

Before pursuing formal legal action, both parties agree to attempt to resolve disputes through good-faith negotiation. If negotiation fails, disputes may be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.

14. Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15. Contact Information

For questions about these terms, please contact us:

ModFXMedia
20 Heron, Lake Forest, CA 92630
Email: legal@modfx-media.com
Phone: (904) 673-7587
Hours: Monday - Friday, 9AM to 5PM EST